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Immigrant Visas

Frequently Asked Questions

Questions

 

Answers

What is the difference between a fiancé(e) visa and visa for your spouse? 

An American citizen files a petition for a fiancé(e) visa if the couple plans to marry in the U.S. This visa will allow you to enter the U.S. for 90 days to marry there and apply for legal permanent residence after your marriage. 

An American files a petition for a visa for their spouse if the couple is already married, the spouse currently resides outside of the U.S., and wishes to immigrate to the U.S. Lawful permanent residents (green card holders) may file immigrant visa petitions (but not fiancé(e) petitions) for their spouses too. 

How long does each type of visa take to process? 

The U.S. Citizenship and Immigration Service (USCIS) must approve fiancé(e) visa petitions (Forms I- 129F). This approval process may take several months. Embassies or Consulates outside the U.S cannot approve fiancé(e) petitions. The process for applying and qualifying for a fiancé(e) visa can take an additional 2-4 months after this office receives notification that USCIS has approved the petition. Please note that if for any reason your I-129F petition is not approved, this office cannot refund or reimburse funds spent in obtaining your documents. 

All lawful permanent residents, and American citizens’ resident in the United States or with a permanent address in the United States, must file the I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence as indicated on the USCIS website. The approval process can take several months. Once the petition is approved, the process for applying and qualifying for an immigrant visa based on marriage to a U.S. citizen can take several more months, depending on the documentation required. 

My U.S. citizen spouse has to start a new job in the U.S. We can’t wait to go through the immigrant visa process. What else can we do? 

If it is your intention to move permanently to the U.S., you are advised to apply for an immigrant visa before traveling to the U.S. If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or the visa waiver program is not advisable and could result in your involuntary return to Australia. 

My attorney says I should file for the K3 visa because I can move to the United States right away. How can I get that done? 

If your U.S. citizen spouse is in the U.S., you might qualify for the K3 application. Please see the USCIS website for further information. 

My fiancé(e) is petitioning for me, but what about my children – can they go with me? 

Any unmarried children under the age of 21 can apply for a “derivative” fiancé(e) visa with you. The children must be under 21 years of age and unmarried at the time of their entry into the U.S. on such a visa. 

Can I work after entering the U.S. on my fiancé(e) visa? 

Yes, provided you first obtain permission from USCIS. Please see the USCIS website for further information.  

Can I enter the U.S. on my fiancé(e) visa, depart the U.S., and then re-enter on the fiancé(e) visa? 

The fiancé(e) visa is a one-entry visa. You are required to marry within 90 days of your arrival and to apply immediately thereafter to USCIS for an adjustment of status. You may not depart the U.S. until after you have adjusted your status and have been granted lawful permanent resident status. Please see USCIS website for further information.  

Can I buy a one-way ticket if I have a fiancé(e) visa? 

Yes. 

My lawyer in the U.S. has told me to apply for a tourist visa, and then apply for immigration or adjust my status after I arrive. Can I do that? 

Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S. If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of USCIS at the port of entry whether to admit a traveler in that case. 

If you are granted entry you can make an application to USCIS for an adjustment of status. If your application is approved, USCIS will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa through at the U.S. Embassy or Consulate in your country of residence. 

Can I enter the U.S. and wait while the visa is being processed? 

Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S. If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of USCIS at the port of entry whether to admit a traveler in that case. 

If you are granted entry you can make an application to USCIS for an adjustment of status. If your application is approved, USCIS will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa through at the U.S. Embassy or Consulate in your country of residence. 

Can I enter the U.S. under the Visa Waiver Program while I’m waiting for my visa interview? 

You can travel to the U.S. on the Visa Waiver Program, however, your entry into and length of stay in the U.S. will be determined at your first U.S. port-of-entry. No one can be guaranteed, prior to their arrival at a U.S. port-of-entry, whether or not they would be granted permission to enter the U.S. Please bear in mind that in order to be admitted, you must still demonstrate that you have a residence outside the U.S. to which you intend to return, if even for a short time. 

How long before I’ll be given an interview date? 

To be scheduled for the final fiancé(e) or immigrant visa interview, we must have received from the applicant the approved I-129F (fiancé(e) petition), I-130 (family-based petition) or I-140 (employment based petition), completed biographic data (forms DS-230 Part 1 and II) and the checklists (Form DSL- 1076 for fiancé(e) visa applicants and Form DS-2001 & Overview Instructions for immigrant visa applicants). Appointments are generally scheduled within 4 weeks. 

Does the U.S. citizen have to attend the interview? 

For fiancé(e) and family-based (spousal or children – unmarried & under 21 years of age) visa applications, if the U.S. citizen is in Australia at the time of the applicant’s interview, we urge him or her to attend the interview with the applicant. 

I have sent my checklist and biographic data – when will I be notified of the interview date? 

Provided we have received the approved petition, an interview will be scheduled for all fiancé(e) and immediate relative applicants (spouses, parents & unmarried children under 21 years of age) within 4 weeks of receiving your checklist. Depending on the availability of visa numbers, all other family and employment based applications will be scheduled within 2-3 months. 

Do my children have to attend the interview? 

Yes, unless your children are already U.S. citizens. Children, regardless of age, who are applying for immigrant or derivative fiancé(e) visas, must attend the interview. 

How long does the interview take? 

The interview will be scheduled between the hours of 8:00am and 10:30am. Waiting times may vary according to our caseload on the day. In general, you should be available to spend up to three hours at the consulate. 

How long after the interview will the visa be issued? 

On the day of your interview, if you are found to be fully documented and eligible to receive your immigrant or K visa, generally, it will take 5 business days to print your visa and prepare your document package. Once printed, you will receive an email from our office explaining the delivery process and what to expect when entering the U.S. with your documents.

If the visa is not approved at the time of interview, how can I collect it? 

If the visa is not approved to you on the day of interview, you will be required to supply a self-addressed 3kg pre-paid self-addressed envelope. Once we have received all pending documents and your application is approved for issuance, your visa will be issued and mailed to you in the envelope you provided. 

My paperwork says there are 4 pages to the ds-230, but I only have pages 1 and 2. Where can I get the other parts? 

Pages 3 and 4 will be sent with the appointment notice for you to complete at that time. 

I live a long way from Sydney. Why do I have to go there for an interview? 

The Consulate in Sydney is the only U.S. immigrant visa processing post in Australia. Likewise, although a fiancé(e) visa is a non-immigrant visa, the process is very similar to applying for an immigrant visa; therefore, fiancé(e) visa applicants must apply through the U.S. Consulate in Sydney. 

I need an interview urgently because:  

1.I’ve booked airline tickets; or 

2.I can’t be separated from my spouse/fiancé(e)/children; or 

3.I’ve sold my home/business; or 

4.I’m pregnant; or 

5.I’ve booked my wedding in the us; or 

6.Other. 

To be scheduled for the final fiancé(e) or immigrant visa interview, we must have received from the applicant the approved I-129F (fiancé(e) petition), I-130 (family-based petition) or I-140 (employment based petition), completed biographic data (forms DS-230 Part 1) and the checklists (Form DSL-1076 for fiancé(e) visa applicants and Form DS-2001 for immigrant visa applicants). Appointments are generally scheduled within 4 weeks. 

I need to change my appointment date. What do I do? 

Should you need to change your final visa interview appointment date, please email this office on SydneyIV@state.gov advising us of the reasons you are unable to attend the scheduled appointment and when you would like your new appointment to be. Upon receipt of your notice, we will e-mail you to let you know what date we’ve been able to reschedule you for. 

How soon can I travel once the visa is issued? 

Immigrant and fiancé(e) visas are valid only for 6 months. Therefore, you must enter the U.S. with your visa within 6 months of its issuance. In some cases, visas can be limited to expire before the 6-month period. In this instance, you are required to enter the U.S. before the expiry date of your visa. 

For how long is the visa valid? 

Immigrant and fiancé(e) visas have a maximum validity of 6 months. That means you must enter the U.S. within 6 months of the date we issue the visa to you. 

What if I don’t use the visa within the six months? Can it be extended? 

Immigrant and fiancé(e) visas cannot be extended. If the visa is not used within its period of validity, you must return it to this office for cancellation, along with a note explaining the reasons why the visa was not used. Upon return of the visa and explanation, we will inform you as to the requirements needed to have new visas issued. 

How long must I remain in the U.S. after I have entered on the immigrant visa? 

U.S. law does not specify how long one must remain in the U.S. after first entering. Immigration officials, at the time of your return to the U.S., will look very closely at the amount of time spent away from the U.S. If they determine that you have been spending more time out of the U.S. than in the U.S., they are empowered to revoke your lawful permanent resident status. You would then have to re-qualify for permanent resident status. 

Can a third country national (not a permanent resident of Australia) apply for an immigrant visa in Australia? 

In some cases. First, that person must show that they have permission from the Australian Department of Immigration to remain in Australia for 6 months or longer. Depending on the immigrant visa category involved, it is possible that we would accept that person’s immigrant visa application. In general, however, the person must have some ties to Australia; that is, some reason for being here beyond applying for the visa. 

I have a family-based petition pending. I’ve changed my address. What should I do? 

If your file is currently with us, you should fax us the details of any changes to your application, including your mailing address. If your application is being retained by the National Visa Center (NVC), you should write directly to NVC to advise them of any changes including your full name, date & place of birth, current address, full name of your petitioning relative, date & place of birth of your petitioning relative, his/her current address, his/her relationship to you, and the date of filing of your petition. 

What sort of police check do I need? Do I have to apply in each state?  

The Australian police check must be done on the basis of a fingerprint check.You do not have to apply from each state you’ve lived in unless you were born before 1941. In that case only, you will need to apply in each state where you have lived. Application forms for police checks are available from your local police station. 

I have a criminal conviction, can I still immigrate to the U.S.?  

Certain criminal convictions represent ineligibilities to immigration. Please be prepared to provide at your interview an original and one photocopy of the court transcripts along with an original and one photoocopy of the statute under which you were convicted. The consular officer will determine whether an ineligibility exists and advise you as to whether you will need to seek a waiver of this conviction.

Can I apply for a waiver of Unlawful Presence before departing  the United States?

If you are currently residing in the United States you may qualify to submit a Provisional Waiver before departing the U.S. for your interview abroad.

The checklist for the family prefence/employment based visa sent to me with packet 3 says I have to have the police checks and medicals done, but I can’t find those materials in what you sent me. 

We will send you instructions on the Australian police certificate and medical instructions with your appointment notice. Please do not apply for these until we send you the instructions. 

Why can’t I have the medical done by my own doctor? 

The panel physicians must comply with U.S. health regulations to perform medical examinations for our visa applicants. These panel physicians, when accepted and approved to provide this service, are issued with U.S. medical handbooks. Each country can only have a limited amount of qualified and approved physicians to provide this service for the U.S. government. 

I’m pregnant and can’t have the X-rays done. What can I do? 

You are not expected to have X-rays taken when you are pregnant. The panel physician will advise you when, after you’ve given birth, it will be appropriate to have the X-ray done. 

I don’t want to have the inoculations/vaccinations. Does that mean I can’t have a visa? 

Should you not wish to receive any of the required vaccinations, you will be found ineligible to receive an immigrant visa. You may apply for a waiver of that ineligibility, but must establish that compliance with the vaccination requirements would be contrary to your religious beliefs or moral convictions. 

To qualify for a waiver you must show that: 

1.You are opposed to vaccinations in any form; 

2.The objection is based on religious beliefs or moral convictions (whether or not as a member of a recognized religion); and 

3.The religious belief or moral conviction (whether or not as part of a recognized religion) is sincere. 

A fee is applicable for a vaccination waiver and will be advised at the time of application. The waiver will be sent to our regional USCIS office for their consideration. These waiver applications can take several months to process. 

I don’t understand the I-864. Where can I get help? 

Included on the I-864 are “step-by step instructions” (Page 5 – 10 inclusive) on how to complete this form.

I haven’t been required to file tax returns in the U.S.; can’t I use my Australian tax returns? 

U.S. Immigration laws and regulations require that the petitioning relative or joint sponsor submit the most recent U.S. Federal Income Tax returns – not foreign tax returns. IRS requires Americans and lawful permanent residents who are working abroad to file a return even if most or all of their overseas income is excluded from U.S. taxes. 

I don’t understand the concept of domicile. 

Domicile is a complex issue and must be determined on a case-by-case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.  

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. “Temporary” may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States: 

He/she left the United States for a limited and not indefinite period of time; 

He/she intended to maintain a domicile in the United States; and 

He/she has evidence of continued ties to the United States. 

An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or 

whose spouse/parent works in one of the categories listed below would also qualify as a sponsor. 

Please see travel.state.gov for further information. 

How do I calculate the number of people domiciled in the household? 

The Sponsor’s Household Size on form I-864 clearly breaks down how you should calculate household size. If you still are in doubt on how to calculate the household size, please email SydneyIV@state.gov. 

The joint sponsor’s responsibilities are the same as that of a petitioning relative. The affidavit of support is a legally binding agreement to provide financial support to the person(s) immigrating to the U.S. 

Can the U.S. citizen provide a pay slip for proof of employment? 

Provided that the pay slip is the most recent at the time of the applicant’s interview, we can accept it. 

However, it is at the discretion of the consular officer to request additional evidence of employment if he/she requires it. 

Can my relatives petition for me to immigrate? 

For family sponsorship, only immediate relatives can file a petition on your behalf. Immediate relatives are parents, U.S. citizen siblings, children and spouses. Depending on the visa applicant’s marital status, it is sometimes required that the immediate relative must be a U.S. citizen.  

Can my U.S. citizen child petition for me to immigrate? 

Petitioning children must have reached the age of 21 to be eligible to file a petition. Therefore, a U.S. citizen child must be 21 years or over to file for a parent. 

If not, how else can I immigrate to the U.S. to join my U.S. citizen child? 

You must qualify for an immigrant visa in your own right. There are only four ways in which to qualify – through family sponsorship, employment, investment, and the Diversity Visa Lottery program. Information can be found on the USCIS website.

When we immigrate, can our parents/ nanny come with us? 

Each must qualify for an immigrant visa in their own right. 

Can I download all the forms from the internet? 

You can download most of the immigration forms from the internet. However, as procedures may vary slightly from one country to another, it would be better if you request the forms and instructions from this office, advising us of how you would qualify – spouse of a U.S. citizen, fiancé(e) of a U.S. citizen, brother/sister of a U.S. citizen, etc. Also, at the time of requesting the forms and instructions, you should advise us as to where the petitioning relative resides (in the U.S. or Australia). 

How do I contact the U.S. Consulate General in Sydney? 

If you have a specific question for the Immigrant Visa Unit that is not answered on this website, or you have a question pertaining to a pending case, please email sydneyiv@state.gov. Please provide your full name and case number, if applicable. If you need to submit any requested documents to us, you can mail them to the Immigrant Visa Unit at:

U.S. Consulate General, Sydney
ATTN: Immigrant Visa Unit
Level 10, MLC Centre
19-29 Martin Place
Sydney, NSW 2000